Section 19-0107. Definitions

When used in this article:
    1.  "Person"  means  any  individual,  public  or private corporation,
  political subdivision, agency, board, department or bureau of the state,
  municipality, partnership, association, firm, trust, estate or any other
  legal entity whatsoever which is recognized by law  as  the  subject  of
  rights and duties.
    2.  "Air  contaminant"  means  a  dust,  fume, gas, mist, odor, smoke,
  vapor, pollen, noise or any combination thereof.
    3. "Air pollution" means the presence in the outdoor atmosphere of one
  or more air contaminants in quantities,  of  characteristics  and  of  a
  duration  which  are  injurious  to  human,  plant  or animal life or to
  property or which unreasonably interfere with the comfortable  enjoyment
  of  life  and  property throughout the state or throughout such areas of
  the state as shall be affected thereby; excluding however all conditions
  subject to the requirements of the Labor Law and Industrial Code.
    4. "Air contamination" means the presence in the outdoor atmosphere of
  one or more air contaminants which contribute or  which  are  likely  to
  contribute to a condition of air pollution.
    5.  "Air  contamination source" means any source at, from or by reason
  of which there is emitted  into  the  atmosphere  any  air  contaminant,
  regardless  of  who the person may be who owns or operates the building,
  premises or other property in, at or on which such source is located  or
  the  facility,  equipment  or  other  property  by which the emission is
  caused or from which the emission comes. Without limiting the generality
  of the foregoing,  this  term  includes  all  types  of  commercial  and
  industrial  plants  and  works,  heating  and power plants and stations,
  shops and stores; buildings and other structures of all types, including
  single  and  multiple  family  residences,  apartment   houses,   office
  buildings,  public  buildings,  hotels, restaurants, schools, hospitals,
  churches,  and  other  institutional  buildings;  automobiles,   trucks,
  tractors,  buses  and  other  motor  vehicles (hereinafter called "motor
  vehicles");  garages;  vending  and  service  locations  and   stations;
  railroad locomotives; ships, boats and other waterborne craft; aircraft;
  portable  fuel-burning  equipment; incinerators of all types, indoor and
  outdoor; and refuse dumps and piles.
    6. "Air cleaning installation" means any method, process or  equipment
  which   removes,  reduces  or  renders  less  noxious  air  contaminants
  discharged into the atmosphere.
    7. "Area of the state" means any county, city, town, village, or other
  geographical area of the state as may be designated by the department.
    8. "The Act" means the Federal Clean Air Act, 42 U.S.C.  Section  7401
  et  seq., as amended by Public Law 101-549, November fifteenth, nineteen
  hundred ninety.
    9. "Administrator"  means  the  administrator  of  the  United  States
  environmental protection agency.
    10.  "Affected source" or "affected unit" shall have the meaning given
  to it in the regulations promulgated under Title IV of the Act.
    11. "Clean alternative fuels" means fuels, for use in  motor  vehicles
  which meet the requirements of section 7511a(c)(4) of the Act.
    12.  "Clean  fuel  vehicle"  means a vehicle in a class or category of
  vehicles which has been certified to meet, for any model year, the clean
  fuel vehicle standards for clean fuel vehicles specified in this article
  pursuant to section 7583 of the Act.
    13. "Covered fleet" means ten or more motor vehicles which  are  owned
  or  operated  by a single person in an area designated as being a severe
  ozone non-attainment area by the administrator pursuant to  Title  I  of
  the  Act.  In determining the number of motor vehicles owned or operated

  by a single person for the purposes of this article, all motor  vehicles
  owned or operated, leased or otherwise controlled by such person, by any
  person  who  controls  such  person,  by  any  person controlled by such
  person, and by any person under common control with such person shall be
  treated  as  owned  by  such  person. The term "covered fleet" shall not
  include motor vehicles held for lease or rental to the  general  public,
  motor  vehicles  held  for  sale  by  motor  vehicle  dealers  including
  demonstration  vehicles,  motor  vehicles   used   for   motor   vehicle
  manufacturer  product  evaluations  or  tests, law enforcement and other
  emergency vehicles, or non-road vehicles including farm and construction
  vehicles.
    14. "Covered fleet vehicle" means only a motor vehicle which is (i) in
  a covered fleet which  is  centrally  fueled  or  is  capable  of  being
  centrally  fueled  and  (ii)  in a vehicle class for which standards are
  applicable under this article.
    15.  "Emission  offset"  or  "offset"  means  emission  reductions  or
  emission  reduction  credits which are required to be obtained by an air
  contamination source in  order  to  obtain  approval  for  a  permit  to
  construct  a  new  air  contamination  source, or modify an existing air
  contamination source, in a non-attainment area pursuant to  Title  I  of
  the Act.
    16.  "Emission  reduction"  or  "emission  reduction credit" means the
  actual decrease in emissions of a regulated air contaminant in tons  per
  year.  Emission  reductions  may  be  created  by,  but  not limited to,
  product, process, pollution control or housekeeping changes that:
    a.  reduce emissions beyond that which is required by the Act;
    b. are real and actually occur;
    c. are quantifiable;
    d. are enforceable by the commissioner or the administrator; and
    e. are assured for the life of a corresponding increase.
    17. "Fugitive  emissions"  means  those  emissions  of  regulated  air
  contaminants  which  could not reasonably pass through a stack, chimney,
  vent or other functionally-equivalent openings.
    18. "Operating permit" means  a  permit  issued  pursuant  to  section
  19-0311 of this article.
    19.  "Major  air  contamination  source"  or "major stationary source"
  means any stationary source or any group of stationary  sources  located
  within  a  contiguous  area  and under common control and belonging to a
  single major industrial grouping that:
    a. emits or has the potential to emit one hundred tons per year of any
  regulated air contaminant; or
    b. emits or has the potential to emit ten tons per  year  of  any  air
  contaminant  or  twenty-five  tons  per  year  of any combination of air
  contaminants listed under section 7412(b) of the Act, including fugitive
  emissions  of  such  contaminants,   or   lesser   quantities   as   the
  administrator may establish pursuant to the Act; or
    c.  emits  or  has  the potential to emit twenty-five tons per year of
  volatile organic compounds or oxides  of  nitrogen,  including  fugitive
  emissions  of  such  contaminants  if  located  in  an area designated a
  "severe non-attainment area" pursuant to section 7511 of the Act; or
    d. emits or has the potential to emit fifty tons per year of  volatile
  organic  compounds  or one hundred tons of oxides of nitrogen if located
  in an ozone transport region pursuant to section 7511(c) of the Act.
    Fugitive emissions from a stationary  source  must  be  considered  in
  determining  whether such stationary source is a major stationary source
  for permit requirements if the source belongs to one of  the  categories
  of  stationary  sources  identified  by  the administrator in regulation
  pursuant to section 7602(j) of the Act.

    20. "Major industrial grouping" means all activities belonging to  the
  same  major  group  identified in the Standard Industrial Classification
  Manual (1987) published by the United States department of commerce.
    21.  "Potential  to  emit"  means the maximum capacity of a stationary
  source to emit any regulated air  contaminant  under  its  physical  and
  operational  design.  Any  physical  or  operational  limitation  on the
  capacity of such source to emit a regulated air  contaminant,  including
  air  pollution  control equipment and restrictions on hours of operation
  or on the type or amount of material combusted,  stored,  or  processed,
  shall  be treated as part of its design if the limitation is enforceable
  by  the  commissioner  and  the  administrator  of  the  United   States
  environmental  protection  agency  provided,  however,  that physical or
  operational limitations enforceable by the commissioner shall be treated
  as part of  a  source's  design,  if  the  commissioner  is  given  such
  authorization by the administrator.
    22. "Regulated air contaminant" means the following:
    a. oxides of nitrogen;
    b. volatile organic compounds;
    c. sulfur dioxide;
    d. particulate;
    e. carbon monoxide;
    f.  any  class  I  or  II  substance subject to a standard promulgated
  pursuant to section 7671 of the Act;
    g. any other air contaminant for which a national ambient air  quality
  standard has been promulgated; or
    h.  any  air  contaminant that is regulated under section 7411 or 7412
  (b) and (c) of  the  Act  and  which  the  commissioner  has  listed  in
  regulation.  The  department  may  use  emergency rulemaking pursuant to
  subdivision six of section two hundred two of the  state  administrative
  procedure   act   if  necessary,  in  order  to  timely  list  such  air
  contaminants.
    23. "State implementation plan" or "SIP" means documents  prepared  by
  the  department,  and submitted to the administrator for approval, which
  identify actions and programs to be undertaken  by  the  state  and  its
  subdivisions to implement the Act.
    24.  "Stationary  source"  means  any building, structure, facility or
  installation that emits or may emit any regulated air contaminant.